You and Your Client Flashcards
You must not do anything which could reasonably be seen by the public to undermine your honesty, integrity and independence.
rC8
Things which form part of the duty to act with honesty and integrity.
rC9
Elements of CD2, 7 and 6 including promoting client’s best interests without regard to your own and not permitting your professional client to limit your discretion.
rC15
CD 2 subject to 1, 3, and 4.
rC16
Duty to client not to professional client or intermediary.
gC36
May only accept instructions to act for more than one client if you are able to act in the best interests of each client as if they were you only client.
gC37
Elements of a competent standard of work and service to your client including treating them with courtesy and respect, advising them in terms they understand, not incurring unnecessary expense, and reading your instructions promptly especially where a limitation period is involved.
gC38
Providing a competent standard of work and service includes keeping your professional knowledge and skills up to date. Specific training requirements for police station work and public access work.
gC39
Should remember clients may not be familiar with legal proceedings and may find them stressful. Should ensure they understand and avoid unnecessary distress especially if dealing with a vulnerable client.
gC41
Duty to act in best interests of client includes duty to consider whether their interests would be better served by different legal representation and advise to that effect.
rC17
Duty to advise about different legal representative may include:
- Different advocate
- More than one advocate
- Fewer advocates
- Different solicitors
gC49
Should inform your client if anyone acting on their behalf is negligent
gC51
Your duty to the court does not require you to act in breach of your duty to keep the affairs of each client confidential
rC5
Should be aware of confidentiality in relation to social media.
gC22
CD2/6/7 includes duty to protect the client confidentiality
rC15.5
Have to disclose if required or permitted by law
gC43
There may be circumstances where your duty of confidentiality conflicts with your duty to the court
gC44
There may be circumstances where your duty of confidentiality conflicts with your duty to your regulator
gC45
May return instructions if you become aware of confidential or privileged documents relating to the matter on which you are instructed
rC26.6
When considering whether to return instructions in accordance with rC26.6 should have regard to relevant case law
gC86
Duty to provide competent standard of work and service includes duty to inform professional client as soon as reasonably possible if it becomes apparent you won’t be able to carry out instructions within the time or at all
rC18
Situations where you must not accept instructions:
-Cannot act in client’s best interests due to existing or previous instructions
-Conflict of interest with own interests
-Conflict of interest between clients unless informed consent
-Confidential information may be relevant unless informed consent
-Limit discretion
-Require you to act other than in accordance with law or handbook
-Not authorised (e.g. required to conduct litigation or don’t have resources/insurance in accordance with rC75)
-Not competent (includes working with vulnerable clients)
-Not enough time
-Real prospect won’t be able to maintain independence
rC21
Must accept if no advocate would have adequate time to prepare
gC72
Examples of situations where you may not be able to maintain independence include being called as a witness unless peripheral
gC73
